Weaver v. Weaver

Weaver v. Weaver is an equitable distribution case. The trial court’s distribution was unequal, and granted the Wife partial interest in a non-marital asset of the Husband due to enhancement during the marriage because of the contribution of marital funds. This was error because there was no substantial, competent evidence supporting the enhancement of the non-marital property, and there were no findings to justify the unequal distribution. Section 61.075(1)(g), provides that in setting aside those assets which are marital and non-marital and distributing the assets of the marriage, the court should consider “The contribution of each spouse to the acquisition, ENHANCEMENT, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the non-marital assets of the parties.” Although the mortgage was reduced some during the marriage due to the expenditure of pooled resources, the actual value of the property was not enhanced during the marriage due to the effect of market forces. The value decreased. Therefore, there was no enhancement of the value and thus no appreciation due to the expenditure of marital funds. It was error for the court to award the wife any interest in this non-marital asset.

Weaver v Weaver